(concurring in part and dissenting in part).
Notwithstanding my disagreement with the Court’s two earlier opinions in this case and its orders of April 11, 1956 and June 16, 1958, I treat them as controlling in considering the points discussed by the majority in the present opinion.
As to Point I, I would reverse and remand because of the Board’s violation of our original opinion of December 23, 1954, 96 U.S.App.D.C. 66, 109-110, 223 F.2d 531, 574-575. A finding which we there ordered stricken is now still relied on by the Board.
As to Points II, III and V (as to Mark-ward), I concur only in the result reached by the majority.
As to Point IV, I would reverse and remand. By fault of the Government, the Party was precluded from obtaining use of Budenz’s statement for purposes of cross-examining him while he was still available. Without such cross-examination the Party is denied its right to show the extent, if any, to which the rest of Budenz’s testimony is tainted. If, upon the remand I would order, Budenz were not available, his entire testimony would have to be stricken.
*84In light of my disposition of Points I and IV, I do not reach consideration of Point VI — namely, whether the Board's order is supported by a preponderance of the evidence.